Nisha Gupta, J. - (1.) This criminal' misc. petition under Section 482, Criminal Procedure Code has been filed against the order dated 11.11.2002 passed by Civil Judge (Jr. Div.) and judicial Magistrate, Tijara District Alwar in Cr. Case No. 590A/2002 whereby the cognizance has been taken against the petitioner for the offences under Sections 406 and 409 Indian Penal Code and the revision filed by the present petitioner has also been dismissed.
(2.) The short facts of the case are that a complaint has been filed against the present petitioner stating therein that the present petitioner is the Managing Director of the firm M/s Parasrampuria Synthtics Ltd. and he was responsible for depositing the E.S.I. Contribution deducted for the period from December, 2000 to May, 2001. The record of the firm goes to show that the contribution has been deducted from the concerned employees but it has not been deposited with the concerned authorities and by retaining this amount, the present petitioner has committed the offence under Section 406 and 409 Indian Penal Code On this complaint, an enquiry has been conducted under Sections 200 land 202 Criminal Procedure Code and after enquiry, cognizance has been taken against the present petitioner.
(3.) The contention of the present petitioner is that he has resigned from the post of Managing Director on 7.7.2001. He was not responsible for the control over the affairs of the company. A notice has been issued to the company to deposit the E.S.I. contribution for the period from December, 2000 to May, 2001 and the entire amount has been deposited by the company and a certificate was issued by the complainant department. Hence no misappropriation has been done by them and the impugned order is an abuse of process and is liable to be quashed. The principal employer of the company is the Manager who is responsible for depositing the E.S.I. contribution. The present petitioner is not responsible for depositing the amount and hence the impugned order should be quashed.;